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HomeMy WebLinkAbout1972 11-21 CC MIN84 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA November 21, 1972 The regular meeting of the City Council of the City of National City was called to order at 7:30 by Mayor Morgan, ROLL CALL Council members present: Camacho, Pinson, Reid, Waters, Morgan, Absent: None, Administrative officials present: CAmbell, Poster, Gerschler,r, McLean, Assoc, Engr, On .ey, Stenberg, SALUTE TO FLAG AND INVOCATION The meeting was opened with salute to the Flag led by City Manager Coburn folloaned with invocation by the Rev, Robert Davis, First United Methodist Church. APPROVAL OF MINUTES Moved by Pinson, seconded by Reidy, the minutes of Novr mber 14 1972 be approved. Carried by unanimous vote*. PROCLAMATIONS AND PRESENTATIONS . None ORAL COMMUNICATIONS MR. EMERY, LOCAL MANAGER, PACIFIC ORDINANCE ELECTRONICS, 2100 Roosevelt, was present and spoke in regard to a letter submitted to the Council requesting a temporary permit for a mobile office at 2100 Roosevelt. Mayor Morgan advised Mr. Emery this would be considered under the City Managerxs report. ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Waters, the resolutions be read by t+t.tle. Carried by unanimous vote, RESOLUTION NO. 10,885, "RESOLUTION OF AWARD OF CONTRACT (MEMORIAL BOWL, SPECIFICATION NO, 776)," Moved by Morgan, seconded by Reid, to award ,this contract for extendin.9 the seats only and leaving out bathrooms at this time„ 'There was discussion, Carried by the following vote, to»wit: Ayes: Camacho, Reid„ Morgan. Nays Pinson, Waters. Moved by Morgan, seconded by Camacho, the City ann e Ma authorized to get started on plans and specifications fora buildi.n9 next to the moo to replace the bu .1ding that was torn down some years ago. Carried -by unanimous vote. There was further discussion, City Attorney McLean said he was going to read the resolution having written in hand on it that we will award the contract for seats only. The title was read: "Resolution No, 10,885, Resolution of Award of Contract (Memorial Bowl, Specifi- cation No, 776) to Art Gussa Inc. (for seats only)." Moved by Pinson, seconded by Camacho, Resolution No, 10,885 be adopted. Carried by unanimous vote. Resolution No. 10,886, "Resolution Authorizing Execution of Order to Vacate and Close the Southerly 10' of 17th St. between "J" Avenue and "L" Avenue was listed on the agenda but was not presented. RESOLUTION NO. 10,887, "RESOLUTION GRANTING SPECIAL FACILITY USE PERMIT WHICH AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES TO THE NATIONAL CITY MUNICIPAL EMPLOYE E ASSOCIATION"". Moved by Camacho, seconded by Pinson, Resolution No, 10=887 be adopted, Carried by unanimous vote. 11/21/772 85 RESOLUTION NO, 10,888, "RESOLUTION AUTHORIZING EXECUTION OF THE EXTENSION AMENDMENT SAN DIEGO COUNTY EMERGENCY EMPLOYMENT PROGRAM AGREEMENT," Moved by Camacho, seconded by Pinson, Resolution No,. 10,888 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,889, RESOLUTION URGING THE GRANT OF CABLE TELE- VISION SYSTEM CERTIFICATE OF COMPLIANCE,.►" Moved by Pinson►, seconded by Camacho, Resolution No. 10,889 be adopted. Carried by unanimous vote, RESOLUTION NO. 10,890, "RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT (NATIONAL AVENUE BETWEEN 22ND AND 30TH STREET)." Moved by Reid, seconded by Pinson, Resolution No. 10,890 be adopted. Carried by unanimous vote. RESOLUTION NO. 10,8910 "A RESOLUTION ADOPTING THE NATIONAL CITY CIVIL SERVICE RULES FOR THE CITY OF NATIONAL CITY AND REPEALING ALL OTHER RESOLUTIONS AND PARTS OF RESOLUTIONS IN SAID CITY IN CONFLICT THEREWITH," Moved by Camacho„ seconded by Pinson, Resolution No, 10,891 be adopteed. Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Waters, Morgan. Nays: Reid. RESOLUTION NO. 10,892, "RESOLUTION AUTHORIZING THE DIRECTOR OF PLANNING TO PILE APPLICATION OF EXEMPTION FOR THE CITY OF NATIONAL CITY FROM THE COASTAL PROTECTIVE ZONE." Moved by Pinson, seconded by Reid►, Resolution No, 10 892 be ado ted. Carried by unanimous vote. RESOLUTION NO, 10,893, "URGING DEFEAT OF SENATE BILL 107 AND PASSAGE OF SENATE BILL 4 RELATING TO STATE WATER PROJECT." Moved by Waters, seconded by Camacho, Resolution No, 10,893 be adopted. Carried by unanimous vote. RESOLUTION NO, 10,894, "RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY (Everett P., Jr, and Marie A. Harry)," Moved by Reid, seconded by Camacho, Resolution No. 10,894 be adopted, There was discussion. Carried by unanimous vote. INTRODUCTION OF ORDINANCES Ordinance No. 11/21/72, "An Ordinance Amending Ordinance No, 962, Zoning Ordinance of the City of National City, Zone Change ZC-6-.72 (702 East 8th Street)" was listed on the agenda but not presented. Councilman Camacho said there should be an explanation of the reason why they are not going to discuss Ordinance 11/21/72 tonight. City Attorney McLean said Government Code 65857 provides that when the City Council overrules a recommendation of the City Planning Commission in a zone change proceeding, that the Council's proposed overruling of the Planning Commission's recommendation must be reported to the Planning Commission and the Planning Commission given an opportunity of not less than 40 days within which to make a further report to the Council concerning their proposed overruling of the Planning Commission decision contained in their transmittal; the proposed Council overruling of the Planning Commission recommendation will be on the agenda of the Planning Commission's next meeting, November 27; if the Planning Commission does take action at that time concerning a further report to the City Council, we would expect it to be back on the agenda Tuesday the day following the Planning Commission meeting. STEVE DROGIN, 2151 Oliver Ave., San Diego, was present and stated he understands what the procedure is; at the risk of alienating Council tonight; he has been very patient and has tried to be patient with Council; they_•s hould have been advised of this in advance; they have waited three weeks; he doesn't like taking up Council's time and is sure they are getting tired of them; the procedure seems to be a little strange here. 11/21/72 86 ADOPTION OF ORDINANCES Moved by Camacho, seconded by Reid, the ordinance be _given its second reading by title only, Carried by unanimous vote.. ORDINANCE NO. 11/ 4/ 2 1338, "AN ORDINANCE AMENDING ORDINANCE NO, 962:, ZONING ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA (Hide Curing by the Brinematic Process within the M..4 Industrial Zone)." Moved by Camacho, seconded by Reid, Ordinance No._11/14/ 2-1338 be adopted. Carried by unanimous vote. REPORT OF CITY ATTORNEY - None APPROVAL OF BILLS AND PAYROLLS BILLS AUDITED BY THE FINANCE COMMITTEE were presented: General Fund $7, 556.61 Traffic Safety 4,200.77 Park 575.84 Drainage 3,435.54 Sewer 4736,22 Total $17,504.98 Moved by Camacho, seconded by Reid, these bills be paid and warrants be drawn. Carried by the following vote,, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan, Nays: None CITY MANAGER OSBURN stated there are two payrolls for approval; 11/5/72 payroll in the amount of $136:045.15 and the 11/20/72 payroll in the amount of $139,006,37. Moved by Camacho, seconded by Reid, these payrolls be paid, Carried by the following vote, to -wit: Ayes: Camacho, Pinson, Reid, Waters, Morgan. Nays: None. COUNCILMAN CAMACHO introduced his wife, Mrs. Camacho,, and their guest from Mexico City who were present in the audience. NEW BUSINESS A notice of Public hearing Dec. 11, 1972 from the CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD, SAN DIEGO REGION, to consider revisions to the Interim Water Quality Control Plan for the San Diego basin and adoption of a Municipal Project List for the years 1973/74 through 1977/78 was presented. Ordered filed by unanimous vote. A communication from CITY MANAGER attaching a memorandum from J. R. HELLAND stating the amendment to AB 69 he was authorized to oppose has been defeated and the letters were not written since they would have arrived too late to be of any value was presented. Ordered filed by unanimous vote. A communication from CITY ENGINEER in regard to traffic markings at 16th and Harbison and stating the conflicts have been reduced 1/3 and traffic speeded up in front of Mr,. Meister's store (Mr. Meister's letter attached) was presented Moved by Morgan, seconded by Waters, the street be marked7it was before they made the change after 18th St, is open to traffic (Amended Motion). There was discussion. A. M. HENRY, operator of a service station at l6th & Harbison was present and asked for an ambulance to stand by till they open that bridge; children walk by there every day going to school and he watches them trying to dodge the speeding cars. Carried by unanimous vote. A communication from CITY MANAGER stating that after consideration and review Chief Liesnian and the City Manager determined the Calvary 11/21/72 87 Baptist Church could hold a 30•.minute parade on Sunday, Nov. 19, and requesting Council ratification of the action was presented. Moved by Waters, seconded by Camacho, in favor of the City Manager's and Police Chief's recommendation. Carried by unanimous vote. A communication from CITY MANAGER attaching Civil Service Commission minutes of the regular meeting of Oct. 18 and stating he agrees with all items in the minutes except the Commission's recommendation on establishing a new eligibility list for the classification of Fire Engineer was presented. Mayor Morgan said that has been taken care of. Communication from CITY MANAGER attaching the Library Board minutes of the regular meeting of Nov. 1 and stating he is in agreement with the minutes and recommends they be approved and filed was presented. Moved by Waters, seconded by Camacho, the Library Board minutes be filed. Carried by unanimous vote. Communication from CITY MANAGER filing 3 items with the City Clerk (No Council Action Necessary): (1) Minutes of the regular meeting of the Bd. of Dir„ of the So. lay Irrigation District dated 10/3/72; (2) Letter from San Diego Co, Water Authority, 2750 4th Ave., San Diego dated 10/31/72, reporting Authority operations for the month of Oct, 1972; (3) Minutes of the regular meeting of the Bd. of Directors, San Diego Co. Water Authority, dated 10/12, 10/18 and 11/2/72, was presented. HEARINGS The CONTINUED HEAR I NG ON THE 1911 ACT IMPROVEMENT OF 17TH ST. WESTERLY OF NEWELL, ASSESSMENT DISTRICT NO. 180 (Hearing on the Resolution of Intention) was held at this time. City Clerk Campbell stated a communication from Edward M. Kops, owner of property, 1935-1937 E. 17th St., stating that he is in accord with the improvement but feels that sidewalks should be included and that the City should finance 50% of the cost of the additional improvement was received. City Clerk Campbell stated a protest petition and the Affidavits of publication, posting & mailing were presented at the Nov. 14 meeting, ASSOC. CITY ENG. ONLEY stated the Council directed the City Engineer's Department to determine the percentage of property owners protesting and he would like to add two items to it: last week we determined we had a protest of 19% for the area; the per- centage of the owners who protested the 1911 Act is 42.85% (there were 14 owners, 6 protesting); the frontage protest is 28,68%. There was discussion. Moved by Morgan that we go ahead and continue this hearing,. City Attorney McLean advised the Mayor that he was not at the last meeting and unless he has read the minutes of the hearing he should not take action. There was discussion in regard to damage to 17th Street by heavy equipment used in building apartments as well as 18th Street overpass; whether or not developer,, as opposed to single residence owners; were being assessed their fair share of the total assessment; whether or not the 1911 Act petition was circulated to benefit the developers; and the possi- bility of the property owners installing their own curbs, gutters and sidewalks with the City paving the roadway with 2" of asphalt. Mr, Onley stated Mr. Hoffland, Assist. City Eng. reminded him to remind them that the apartment owner who owns 42% of the area also pays 42% of the paving of the street; everybody pays for their own curbs, gutters, and sidewalk; this large property is still paying 42% of the pavement. GENE ROSS, 1926 E. 17th Street was present and said some of these gentlemen who signed the petition fob' the improvement are developers and there are only 6 people on tle petition asking for a 1911 Act; and you have 6 property owners on the protest petition; that's certainly not 74% in favor; sidewalks are not included; the only thing they are going to get are curbs and gutters; the people from his house on down are not getting even the 11/21/72 88 street because the State put the Cul-de-sac in there, Mr, Ross asked Mr, Onley to identify the property owned by each one of these people on the petition; it looks to him that there might be a duplication; because it says Mr, Beauchamp has 331' which takes care of the south side of the street; then you get on the other side of the street and you have 75'/ for Mr. Thomas; we know where the Yahnkes live, but who is Houghton and Starfire Homes; each one of these is developers; no individual owner is asking for this; the developers can get their money back from the renters and so on; we have no way of getting it back except out of our pockets, There was discussion. Mayor Morgan said he doesn't like to see these people come back down here, but he would sure like to have this continued another week at 8:00 so possibly he can go out and take a look at this, Councilman Waters asked what percentage do the developers own in relation to the people on that street living right now Mr. Onley went to the map to do some figuring. Mr. Onley said he couldn't calculate it into percentage without his calculator; we should be talking about area you get into a wild area when you start talking about frontage, and about property owners as having one voting right on a 1911 Act; the State law is on area; we're to talk about sq, footage and nothing else, MARY FREEMAN, 1912 E. 17th Street, was present and said she was under the impression that 17th Street from Palm down as far as it is paved is a temporary street, and they are being asked to put in a . . . There was further discussion. MR. FREEMAN, 1912 E. 17th Street, was present and said he has lived on 17th Street for nine years, ! , we were satisfied until Mr, Beauchamp started building his apartments; he tore up the whole road with heavy construction equipment, Mr. Freeman said he has 50 ft of property and you want $687 to do it plus it could cost another 10%; $687 for 501% There was further discussion. Moved by Camacho, seconded by Reid, we table this until next week till he Ma o ets a ood look at what we are discussin here toni ht end give us all a chance to go own and look at it again, Carried y unanimous vote. The HEARING ON PROPOSED AMENDMENT A0.12-72 TO AMEND ORDINANCE NO. 962 AND THE MUNICIPAL CODE FOR THE PURPOSE OF UPDATING, CONSOLI- DATING AND CODIFYING ALL OF THE CITY''S LAND USE AND ZONING REGULA- TIONS, IN PARTICULAR CHAPTER 95, AUTHORITY AND PURPOSE, AND CHAPTER 96, ZONING MAP was held at this time. City Clerk Campbell stated the Certificate of Publication was on file and the Planning Depart- ment transmittal stating the Planning Commission recommends approval of Chapters 95 and 96 was attached to the agenda. Planning Dir. Gerschler said the Zoning Code update project is divided into five parts which are being treated as chapters; the two chapters before Council: Chapter 95 deals with Authority for zoning which is a reflection of the State code on the matters it deals with definitions of terms using the definitions and terms you now have in your present Code; Chapter 96 describes the Zoning Maps, again relying on the language of the Government Code, it tells us what the zoning map looks like, how it is divided into parts for uses how it is main- tained and so on; there are no substantial changes in 95 and 96; these are all procedural matters, Mr. Gerschler continued that the Planning Commission will be having hearings on Chapters 97 and 98, the two remaining chapters, within the next sixty days and you will then be having hearings on those; for that reason we suggested that if the matter before you tonight, Chapters 95 and 96, meets with your approval, that you accept them but delay formal adoption until we have all five chapters together sometime after the first of the year,* No one was present in this regard. Moved by Waters, seconded by Pinson, the ubli . hearin be closed the ro osed amendment A. 12..72 to Ord. 962 and the Municipal Code and all stipulations of staff be approved. Carried by unanimous vote, The HEARING ON THE PROPOSED ITERIM OPEN SPACE PLAN TO BE IN EFFECT UNTIL JUNE 301 1973 CONTAINING BUT NOT LIMITED TO THE FOLLOWING: (a) TBE OFFICIALLY ADOPTED GOALS AND POLICIES WHICH WILL GUIDE THE 11/21/72 89 PREPARATION AND IMPLEMENTATION OF THE OPEN SPACE PLAN: (b) A PROGRAM FOR ORDERLY COMPLETION AND ADOPTION OF THE OPEN SPACE PLAN BY JUNE 30, INCLUDING DESCRIPTION OF THE METHODS BY WHICH OPEN SPACE RESOURCES WILL BE INVENTORIED AND CONSERVATION MEASURES DETERMINED was held at this time. City Clerk Campbell stated the Certificate of Publication was on file and the Planning Department transmittal stating the Planning Commission recommends approval to satisfy State law pending future adoption of an Open Space Plan was attached to the agenda. Planning Director Gerschler said the State legislature in its last session adopted requirements that all cities shall prepare open space plans; and goes on to say that the plan shall be completed by June 30, 1973; it also provides that on January 1,, 1973, the City shall have in effect an interim open s as a p; you received a report from the Legislative Counsel of tfe7ta�ilarornia Cities approximately six weeks ago reminding all cities that if they did not proceed to adopt an interim open space plan, their ability to issue building permits for any kind of project might be in jeopardy; what you have before you tonight is their proposed plan, consisting of two parts: (1) A statement of goals and objectives, and (2) A program for the completion and adoption of the formal plan; attached to the proposed plan is an appendix list of possible specific open space opportunities in National City; adoption of the interim open space plan if adopted tonight will satisfy the immediate requirement of State law and the staff is preparing and will have ready for you for a public hearing, an open space outlook before the deadline of June 30, 1973. There was discussion, No one was present in this regard. Moved by Camacho, seconded by Reid, the hearing. on the ro posed interim o en s ace lan to be in effect until June 30, 1973 be closed and the Interim Open Space Plan be approved as recommended h the Plannin Commission. Carried by unanimous vote. The HEARING ON PROPOSED ZONE CHANGE ZC-106•72 AN) AMENDMENT TO THE GENERAL, PLAN TO ACHIEVE COMPLIANCE WITH GOVERNMENT CODE SECTION 65860 TO REZONE FROM TC-PD, TOURIST COMMERCIAL PLANNED DEVELOPMENT, TO R-1, SINGLE FAMILY RESIDENCE, R-2, TWO-FAMILY RESIDENCE, ON R-4M-PD, MULTIPLE FAMILY PLANNED DEVELOPMENT, THE PROPERTIES AT 2411, 2405, 2415, 2435 AND 2501 E. 13th ST. AND TO AMEND THE GENERAL PLAN TO DESIGNATE FOR COMMERCIAL USE PROPERTIES ZONED COMMERCIAL was held at this time. City Clerk Campbell stated the Certificate of Publication was on file and the Planning Department transmittal stating the Planning Commission recommended rezoning to an R- 2, 2-Family Residence Zone, and to amend the General Plan to designate it as such was attached to the agenda. Planning Director Gerschler said in this case the General Plan shows high density residential for all of these lots; the Zoning Map showed TC-PD Commercial for all of these lots; the Commercial and Residential being incompatible; either one of two would have to be amended in order to comply with the AB 1301; the Planning Commission had more than one hearing on this; they heard from a number of property owners in the neighbor- hood and on . the basis of their recommendations„ the recommendations of the property owners, and in attempting to accomplish what they were asking for the Commission divided their recommendation; they are recommending that the lots on 13th St, up on the top of the hill, which are located on a residential street be made Zone R- 2/ this is what the property owners seemed to prefer by consensus; the Planning Commission is recommending all of the property to face on Plaze Blvd. at the base of the hill that remain TC-PD Commercial and that the General Plan be amended to show Commercial use on that TC-PD property. Mr. Gerschler pointed out there is one lot (Mr. Roger is lot at 2339 or 37) has frontage on both Plaza Blvd. and 13th St.; the Planning Commission's action would leave all of Mr. Rogeris property in the TC-PD zone; this seemed to be compliance with what he preferred; he thinks the Commission answered the requests of the property owners in this manner. No one was present in this 11/21/72 90 regard. Moved by Pinson, seconded by Camacho, the public hearing be closed and that the proposed Zone Change ZC-10.72 be approved that on the TC,,FD 13th Ste be redesignated as R.2 and the Plaza Blvd, property be rezoned to stay in the commercial property all except Mr. Roger's property and it stay in the commercial zoning from Plaza to 13th. There was discussion, Mr. Gerschler stated the use of the property isn't involved in AB 1301; strangly enough only the zoning and the General Plan are involved in AB 1301; frankly, it is possibly a flaw on the State legislation and is out of our hands; the State told us in AB 1301, we have to make the zoning and the General Plan compatible. Now use becomes an important thing when you look at what the appropriate zoning is. There was further discussion, Moved by Morgan, seconded by Waters, this on motibeab tled for one week. Carried by unanimous vote. The HEARING ON PROPOSED ZONE CHANGE ZC-15-.72 AND AMENDMENT TO THE GENERAL PLAN TO ACHIEVE COMPLIANCE WITH GOVERNMENT CODE SECTION 65860, MORE SPECIFICALLY TO REZONE FROM C-2, LIMITED COMMERCIAL, TO R-4, MULTIPLE FAMILY RESIDENCE, THE PROPERTY ON THE WESTERLY SIDE OF PALM AVE. FROM APPROXIMATELY 200 FT. NORTHERLY OF 4TH ST. TO 1ST ST. AND TO AMEND THE GENERAL PLAN TO DESIGNATE FOR COMMERCIAL USE THE PROPERTIES ZONED COMMERCIAL was held at this time. City Clerk Campbell stated the Certificate of Publication was on file and the Planning Department transmittal stating the Planning Commission recommends the C-2 zoning remain unchanged and the General Plan be amended to designate the commercially zoned property as Retail, Personal Services and Repair on the General Plan Map was attached to the agenda. (City Attorney McLean left Council Chambers at 9:01 p.m.) Planning Director Gerschler stated this property is on the west side of Palm north of 4th; in this case, the General Plan shows high density/medium high density residential and the zoning C-2; the Planning Commission found in this case(the first example where they couldn't satisfy all of the property owners) some of the property owners in this block seemed to want Commercial zoningand some of the property owners wanted residential zoning; there is one apartment at the northerly end of this strip, one fairly new apartment at the northerly end of the strip; and one of the property owners speaking at the Planning Commission hearing indicated he wanted to build apartments on parcel #20 on the reap which is the third parcel on 4th St.; the Planning Commission considered these requests, and after considerable study, felt that the commercial zoning was the best for the entire stripnotwith- standing the wishes of those particular property owners; on that basis they recommended to you, that this zoning remain C-2 and that the General Plan be amended to comply. There was discussion. (City Attorney McLean returned to Council Chambers at 9:03 p.m.) Mr. Gerschler outlined his staff recommendation to the Planning Commission which was not the same as the Planning Commission's recommendation to Council: the Commission recognized the two lots at the very northerly end of Palm are developed for a modern very substantial apartment house; we felt that that should be R-4 zone; (City Attorney McLean left Council Chambers at 9:06 p.m.) he trusts the Commission, unless they hear something from the property owners the Council will rely on the Planning Commission recommendation,, (City Attorney McLean returned to Council Chambers at 9:08 p.m.) There was further discussion. No one was present in this regard. Moved by Camacho, seconded by Pinson, this hearing be closed and that proposed Zone Change ZC_15--72 and amendments to the General Plan to achieve compliance with Government Code be a all Plannin Commission's recommendations. Carried bP unanimous vote. Y na.mous The HEARING ON PROPOSED ZONE CHANGE ZC..1672 AND AMENDMENT TO THE GENERAL PLAN TO ACHIEVE COMPLIANCE 65860 TO: WITH GOVERNMENT CODE SECTIGN (1) REZONE FROM C-2, LIMITED COMMERCIAL, TO R-4, MULTIPLE FAMILY RESIDENCE, THE PROPERTY AT 835 AND 932 E. 18TH ST. AND THE PROPERTY AT 1810 "Jt° AVE.; (2) REZONE FROM C..2, 11/21/72 91 LIMITED COMMERCIAL, TO R..4, MULTIPLE FAMILY RESIDENCE, THE C-2 ZONED AREA ON THE NORTHERLY SIDE OF 18TH ST. EASTERLY FROM THE EASTERLY LINE OF "J" AVE. TO APPROXIMATELY 130' EASTERLY OF THE EASTERLY LINE OF "L" AVE., EXCLUDING THEREFROM THE PROPERTY AT 1013 E. 18TH ST.; (3) REZONE FROM C..2,, LIMITED COMMERCIAL, TO R..4, MULTIPLE FAMILY RESIDENCE, THE, PROPERTY AT 1214. 1230 E. 18TH ST . ; AND (4) AMEND THE GENERAL PLAN TO DESIGNATE REMAI NI NG COMMERCIAL ZONED PROPERTY FOR COMMERCIAL USE was held at this time, City Clerk Campbell stated the Certificate of Publication is on file and the Planning Department transmittal stating the Planning Commission recommendation: "That on ZC»16--72 to rezone from C..2 to R.-4 we go by the plans submitted by the staff - the recommendation #2 (recommended a rezoning from C..2 to R-4 on a portion of the property described and approving an amendment to the General Plan to designate the remaining commercially zoned property as Retail, Personal Services and Repair on the General Plan Map) (To rezone from C-2 to R.»4 the properties at 835, 932, 1019-1033 and 1214-1220 E, 8th St. and 1723.-1733 "J" Ave. and 1810 "J" Ave.)" was attached to the agenda, Planning Director Gerschler stated in this case, there was more public participation at the hearings than any other of the cases we have had so far; all of this property was in the C-2 zone; also, shown on the General Plan as high/density residential; so the whole strip from "I" Ave. to "N" Ave, had to be looked at; the Commission held a hearing on the entire strip and this was the first case that responded to the City Council's directive that we only rezone the existing apartment houses; the recommendation comes from the Planning Commission that all of those lots that have apartment houses be zoned R..4 and all the other lots remain C..2; the General Plan would be amended to accommodate that suggestion; as far as he knows it has met all of the objections of all of the property owners. There was discussion. No one was present in this regard, Moved by Waters, seconded by Pinson, the ublic hearing be closed and ro osed Zone Chan a ZC.,16-.72 and amendment to the General Plan to achieve com lance with Govern- ment Code and all this property to be rezoned from C..2 to R-4 for the properties at 835 and 932 1019 1033,E 12141, 1220, etc. be pp aroved.,.ail s ipulations of staff be adhered to, Carried by unanimous vote. The HEARING ON PROPOSED ZONE CHANGE ZC.-17.72 OR AMENDMENT TO THE GENERAL PLAN TO ACHIEVE COMPLIANCE WITH GOVERNMENT CODE SECTION 65860 TO REZONE FROM C-2, LIMITED COMMERCIAL, TO R-•2, TWO-FAMILY RESIDENCE, THE C-2 ZONED AREA AT THE SOUTHWESTERLY INTERSECTION OF GRANGER AVE. AND 24TH ST, OR TO AMEN" THE GENERAL PLAN TO DESIGNATE THIS AREA FOR COMMERCIAL USE was held at this time, City Clerk Campbell stated the Certificate of Publication is on file and the Planning Department transmittal stating the Planning' Commission recommends the C-2 zoning remain unchanged and approve the amendment to the General Plan to designate this area for Retail, Personal Services and Repair on the General Plan Map was attached to the agenda. City Clerk Campbell also stated a communication from Wm. P. and Clara M. Hudson, 2428-2430 Granger Ave,, protesting rezoning from C-2 to R..2 was attached, Planning Director Gerschler stated the Planning Commission in this case recommends that the C-2 zoning remain and the General Plan be amended to accommodate it; this would answer the objection raised by one property owner, No one was present in this regard. Moved by Pinson, seconded by Camacho, the public hearing be closed and proposed Zone Chanremain C�2 and the General Plan be amended. Carried by unanimous vote. The HEARING ON PROPOSED ZONE CHANGE ZC_18..72 AND AMENDMENT TO THE GENERAL PLAN TO ACHIEVE COMPLIANCE WITH GOVERNMENT CODE SECTION 65860 TO REZONE FROM C»2, LIMITED COMMERCIAL, TO R-.4, MULTIPLE FAMILY RESIDENCE, THE C-2 ZONED PORTION OF THE PROPERTY AT 1104 PALM AVE. AND TO AMEND THE GENERAL PLAN TO DESIGNATE THIS AREA FOR RESIDENTIAL USE: SUBJECT PROPERTY IS NOW SHOWN ON THE GENERAL 11/21/72 92 PLAN AS "RETAIL, PERSONAL SERVICES AND REPAIR" was held at this time. City Clerk Campbell stated the Certificate of Publication was on file and the Planning Department transmittal stating the Planning Commission recommends that Zone Change ZC-18..72 to rezone from C-2 to R-4 the C-2 zoned portions of the property at 1104 Palm Ave, be approved and that the General Plan be amended to designate this area for residential use was attached to the agenda, Planning Director Gerschler stated this property is one lot only at 1104 Palm Ave.; about two or three weeks ago, they just completed a new 46-unit apartment house on this lot; the Planning Commission's recommendation would be to make that one lot R-4 and make the General Plan correspond to that, No one was present in this regard. Moved by Camacho, seconded by Reid, the hearing be closed and proposed Zone Chan e ZC-18-72 and amendment to the General Plan to achieve com liance with Govern.- ment Code be approved and that all stipulations of the Planning Commission be adhered to. Carried by unanimous vote. REPORT CITY MANAGER OSBURN reported receipt of a request from the Pacific Ordinance Electronics Co. for the use of a mobilehome on their property as an office at 2100 Roosevelt Ave; this just came in today; he would recommend this be referred to staff for a report next week. Moved by Reid, seceded by Camacho, in favor of the City Manager's recommendation. Carried by unanimous vote, CITY MANAGER OSBURN said each of the Council received copies of a claim against the City; it is scheduled for a jury trial on 7th of December and recommend it be denied and referred to the City Attorney. Moved by Pinson, seconded by Reid, this item be denied and referred to the City Attorney.. Carried by unanimous vote. CITY MANAGER OSBURN stated the Senior Citizens Building Committee had a meeting in which they selected Real Tech Co., building associates of Los Angeles, to build the Senior Citizens Home; he asks Council to go along with this; it will be next week before we have a resolution to this effect; they have also asked for an expenditure of $2, 000 for the retainer fee, Moved by Camacho, seconded by Reid, in favor of the city Manager's recommendation that $2,000 be appropriated for this to get this thing started, with the company that they have selected , approved, There was discussion, WINDFRED R. BENSON, Chairman of Senior Citizens Bldg. Com. 1325 Carol Place, was present and said the profits are controlled by FHA and HUD; all the plans, regardless of who does it, are submitted to HUD, and FHA, for their approval; they have certain specifications that we have to meet in order to put this building up; our Committee has done quite a bit of work on this; went to San Francisco for one day, 'went to Long Beach for a day; we investigated three prominent builders in this area; we are well satisfied, this particular concern is using a breakthrough construction which we believe will be in our favor when we go to HUD; they are looking and will give a favorable consideration to the new break -through systems in building. There was further discussion. Carried by unanimous vote, CITY MANAGER OSBURN reported some students from Sweetwater High School requested permission to hold a parade in the City, TIMOTHY MOURNIAN, 2721 "E" Ave, Cheerleader, Sweetwater High School, was present and zuested support because they are trying to get the community involved; the more spirit we can get behind us the better our chances will be; we talked to the Chamber of Commerce and we will get their bulletin board on I-5 next week and will say "SU HI METRO CHAMP 1972". Moved by Morgan, seconded by Waters, that the Sweetwater School Dist. the student body of the football team be authorized to have the parade, Carried by unanimous votes 11/21/72 �'b 93 CITY MANAGER OSBURN requested authorization to go to bid on the installation of the sewer in Coolidge Ave, for a distance of approximately 1 block south of 30th St, Moved by Reid, seconded by Camacho, in favor of the City Maniac er s s recommendation. Carried by unanimous vote. CITY CLERK CAMPBELL reported receipt of a communication from SAN DIEGO COUNTY WATER AUTHORITY stating that the Council may on or before Dec. 15 declare its intention to pay the whole or a stated percentage of the taxes to be derived from the area of the San Diego County Water Authority lying within the City and unless such declaration is made the Council will be unable until next August to elect to pay any portion for fiscal year 1973-74 which was on file, CITY CLERK CAMPBELL reported receipt of the COUNTY OF SAN DIEGO PROPERTY VALUATIONS: TAX RATES AND USEFUL INFORMATION FOR TAX- PAYERS for the Fiscal Year ending June 30, 1973 which was on file, The PLANNING DEPARTMENT transmittal in regard to Zone Change ZC-11- 72 to rezone from C..2..PD, H.-35 (Limited Commercial Planned Develop- ment with 351 height limit) to R-1 (Single Family Residence) and from C- 2 (Limited Commercial)to R-4 (Multiple Family Residence) the C-2 zoned area north and south of 8th St, and east and west of Harbison Ave. and stating the Planning Commission recommended the zone change be denied and the General Plan be changed to comply with the existing zoning in the area, was presented„ Planning Director Gerschler said because the Planning Commission does not recommend any zone change in this case, the only thing that is before you tonight, is to refer this to them for a change in the General Plan. Moved by Waters, seconded by Pinson, recommend that this Item A be referred back to the Planning Commission for a chap a and amendment to the General Plan, Carried by unanimous vote, The PLANNING DEPARTMENT transmittal in regard to annexation request of Joseph Janasik and Stanley E, Monroe north and south of Bonita Rd, and east of Bonita Golf Course and stating the Planning Commission recommends the City Council adopt a resolution consenting to the commencement of annexation proceedings: was presented. Planning Director Gerschler said the matter of the Janasik and Monroe annexation in Sweetwater Valley was referred to the Planning Commission for report as required by State law; the Planning Commission at their meeting of Nov. 13 moved to recommend to the City Council that they adopt a resolution consenting to the commencement of annexation proceedings. Moved by Camacho, seconded by Pinson, in favor of the Plannin Commi 'on's recommendation, Carried by unanimous vote. The PLANNING DEPARTMENT transmittal in regard to the request of Dennis H. Pennell for the continued use of an existing pole (pole sign) at the southwest corner of 2nd St. and Highland (Encroachment required) and stating the Planning Commission recommended approval of the request subject to 4 conditions of Planning staff, was presented, Planning Director Gerschler said this was a request for encroachment permit for an existing sign pole at the corner of 2nd and Highland Ave.; as explained in the staff report, a recent change in the sign on this pole brought to our attention the fact the pole encroaches on the public right of way some 5" or 6"; if the encroachment permit is granted by the City Councils the existing pole can remain,, a new sign (conforming to the new sign ordinance) can be put on that pole; the recommendation is that you grant the encroachment permit. Moved by Camacho, seconded by Reid, in favor of the Planning Department's recommendation and the request be subject to the 4 conditions of Planning staff, Carried by unanimous vote. 11/21/72 94 The PLANNING DEPARTMENT transmittal in regard to the application for deferral of installation of curb, gutter, sidewalk and permanent paving for one-half the street width at 635 "T" Ave. (Family Park Apartments) and stating the Planning Commission recommends approval subject to 2 conditions, was presented. Moved by Reid, seconded by Camacho, in favor of the Planning Commission's recommendation for 635 "T" Ave. Planning Director Gerschler stated the City Engineer advises that a planned improvement by the Div, of Highways to eliminate a narrow interim street is scheduled for Dec. 1973 and he is recommending the paving be deferred. Councilman Waters said you are recommending that the curb and sidewalks will be installed at this time, aren't you? Mr. Gerschler replied yes. Councilman Waters asked if that was in the motion. Included in "motion and second. Carried by unanimous vote. The PLANNING DEPARTMENT transmittal in regard to the application for deferral of full width alley paving at 1640 Coolidge Ave. (Rhody) and stating the Planning Commission recommends denial as recommended by staff, was presented. Moved by Pinson, seconded by Waters, that the Plannin Commission recommendation of denial be approved, Carried by unanimous vote. The PLANNING DEPARTMENT transmittal in regard to application for exemption from installation of permanent paving for one-half the street width at (1) 1604, 1638 E. 4th St. and (2) 410, 430 "Q" Ave., a corner property (Earl Mohler) and stating the Planning Commission recommends approval of staff recommendations, (11 to grant exemption of installation of permanent paving for one-- half of the street width on 4th Ave. but curb, gutter, and sidewalk shall be installed and (2) to deny exemption from installation of permanent paving for one-half the street width on "Q" Ave., was presented,, Planning Director Gerschler said the City Engineer's recommendation says that the exemption should be granted for installation of permanent paving on 4th St, because it is a gas tax project but to deny the request for deferral of paving on the "Q" Ave. side. Moved by Waters, seconded by Camacho, that this man not be required to put in a permanent street on "Q" Ave„ because it 4.8 in darn good condition, Mr. Gerschler asked if he wished to attach the requirement to a covenant so that he won't protest. Moved by Waters, seconded by Camacho, the motion include a covenant running with the land in the event that the property owners on that street so for a permanent street they will have to comply. Carried by unanimous vote. COUNCIL COMMUNICATIONS COUNCILMAN WATERS said he went to the California Cities dinner last Thursday night and they talked about Proposition 20; they amended Proposition 20 to where it sounds there isn't anything left of it; also the Friends of Mammoth does not effect the permits that are issued by the City; that information will be coming to the City. MAYOR MORGAN asked the City Attorney who makes the laws on Statements of qualifications sent out with Sample Ballots. City Attorney McLean said State law...Elections Code. Mayor Morgan asked what would it take to change that, change that law where the statements would have to be true under penalty of perjury. City Attorney McLean said the Mayor could write a letter to our local legislators: Mr. Deddeh and Mr. Mills. Moved by Morgan, seconded by Reid, Authorize the City Attorney and the City Manager to write letters on this and make an inquiry and yet us a recommendation back of how this can be changed, the law; they either have to tell the truth under oath or they eliminate it Carried by he following vote, to -wit: Ayes: Camacho, Pinson, Reid, Morgan. Nays: None. Abstaining: Waters. 11/21/72 95 Mayor Morgan spoke in regard to leases by the County: in Mission Valley $4, 500, 000 without gcing to bid; the one out in Kearny Mesa, $2 or $3 million; this one here he doesn't and hasn't checked out; when you checked the leases it is the same people who sign the leases; and asked how we could correct this so they would have to go to bid on these things. City Attorney McLean suggested he tell the Supervisors to initiate a change in the San Diego County Charter to require the leasing of property by competitive bid. Moved by Morgan, seconded by Reid, the City Manager be authorized to go to bid on Division St,, from Highland Ave. to I-305 Amended motion) There was discussion. Carried by unanimous vote. MAYOR MORGAN recommended appointment of the following students to the following commissions: Mike Milligan and Karl Welsbacher, Jr., Planning Commission; Richard Moss and Robert Fox, Park and Recrea- tion Advisory Board; Walter Graham and Domingo Castillo, Traffic; Charles Shefflette and Nancy Hokenson, Library; ,Chris Brunson and Richard Tafoya, Civil Service; Ray Garcia and Sally Holthous, Citizens Advisory Committee. Moved by Waters,, seconded by Camacho, in favor of the Mayor's recommendation in his appointment of the student commissioners. Carried by unanimous vote. Moved by Reid, seconded by Camacho, the meeting be closed. Carried by unanimous vote. The meeting closed at 9:50 p.m. Cit Clerk City of Natio tL City, California The foregoing minutes were approved by the City Council of National City at the regular meeting of November 28, 1972. No corrections Correction as noted below Mayor, C .ty o ,fiat onal City, California 11/21/72